FAQs – Making a Lasting Power of Attorney
In the vast majority of cases, you need BOTH types of LPA – the Property and Financial Affairs one, and the Health and Welfare one.
Put bluntly, the finance one enables your attorneys to pay your Care Fees, the Health and Welfare one enables your attorneys to say you don’t need to go into care, or if you do, it shouldn’t be a nice cheap one in Rwanda.
How do I make a Lasting Power of Attorney (LPA)?
To make an LPA, you need to complete the official forms, choose who you trust as your attorneys, and have everything signed and witnessed in the right order. The forms then have to be registered with the Office of the Public Guardian before they can be used. You can try to do this yourself, but the rules are fiddly and mistakes are common. Getting professional help is usually far more economical than having to redo forms or face problems later when the LPA is actually needed. It sounds easy, and once you have read the 66 page Guide, you then have well over 40 pages of forms to complete. You would be surprised how easy it is to make a mistake (rejection) and how little the guide will tell you – but I am happy to email you a copy if you like.
Can I make a Lasting Power of Attorney online?
Yes – the Government website provides online forms. However, it’s easy to trip up with the details, such as how attorneys can act, what restrictions to include, and how signing must be done. Many people find professional guidance is worth it, especially at my modest fees, as one small mistake can cause months of delay. My role is to keep things simple, correct, and stress-free. As a matter of interest, I check every completed application FOUR times!
Why should I make a Lasting Power of Attorney?
An LPA ensures that if you lose the ability to make decisions yourself, the people you choose will step in smoothly. Without one, your family may face a stressful and expensive Court of Protection application, where a judge decides who manages your affairs. By putting LPAs in place now, you stay in control of who acts for you and you save your family a lot of time, money, and worry. That can happen at 18 (the youngest you can make an LPA) or 88 through accident, stroke, Alzheimers etc etc.
Do I need a solicitor to make an LPA?
Legally, no – you can do it yourself. But LPAs are important legal documents and even a small error can mean the OPG rejects the application or, worse, the document doesn’t work when it’s most needed. Professional help is usually very affordable compared to the risks of getting it wrong, and it gives you peace of mind that everything has been done properly.
However, solicitors are usually generalists, and even if they are not, they have enormous overheads. As a Professional Will Writer, I specialise, and have done for more than 25 years. It is not uncommon for a solicitors fee for a single LPA to be more than I charge for four.
Who can make a Lasting Power of Attorney?
Anyone over 18 who has mental capacity can make an LPA. It’s not just for the elderly – accidents or illness can affect anyone. The sooner you set one up, the more secure you are.
What age can you make a Lasting Power of Attorney?
From 18 years old. It’s never too early to plan ahead – many people like the reassurance of knowing that, should anything happen, their chosen attorneys can step in straight away. Once you are 18, your Next of Kin for making decisions is The Court of Protection – not your parents, partner or children, unless you have made and registered Lasting Powers of Attorney.
What does ‘capacity to make a Lasting Power of Attorney’ mean?
It means you must be able to understand what an LPA is, what powers it gives your attorneys, and the consequences of making one. A professional will check this with you and confirm that you are making your LPA freely, which adds an extra layer of protection.
Can someone with dementia make a Lasting Power of Attorney?
Yes, potentially – but only if they still understand what they are signing. If dementia has progressed too far, it may be too late and the family will have to apply to the Court of Protection at substantial cost and probably still not have control over welfare matters, which the Court often keeps for itself. That’s why it’s best not to leave LPAs until health becomes an issue – sorting them early is always safer and cheaper.
When should I make a Lasting Power of Attorney?
The simple answer is: as soon as possible. LPAs can only be made while you have capacity, so if you delay and your health changes, it could be too late. Having them in place early costs no more and ensures everything is ready if it’s ever needed. They are the ideal present for an 18th birthday – if somewhat dull!
How do I register a Lasting Power of Attorney?
Once the forms are signed, they need to be sent to the Office of the Public Guardian with the registration fee. Registration currently takes around 12 weeks, so it’s best to get the ball rolling early. Professional help makes sure the paperwork is correct first time, so you’re not left waiting longer than necessary.
Feel free to ask questions. You don’t need to give your name, and if you do, I won’t include it on the page. The only required field is your question, but be aware any links will cause the spam program to delete your question! Have a look at the Will FAQs and the Lasting Power of Attorney FAQs in case your question has already been answered.
Your questions or call 01323 766 766
Trusts – what is your view?
- Trusts have a number of benefits, but most are sold to avoid Care Fees, which they are unlikely to do.
- Trusts become liable for up to 6% Inheritance Tax after 10 years, and with the rise in house prices and the tax free allowance being held at £325,000 until 2030, many Trusts will unexpectedly receive tax bills, when there is no cash in the Trust to pay it.
- Trustees need to register the Trust within 90 days of it being set up now, and older trusts must be registered NOW. Go here to register a Trust.
- Trustees are technically the owners of the Trust and both they and the occupants should be recorded as such by the insurers to avoid arguments over whether the insurers will pay out.
My lawyer told me I only need the Property & Financial Affairs Lasting Power of Attorney
Oh dear, I have heard this advice given from time to time. I can only assume that such lawyers do not understand the power of the Health and Welfare LPA.
- If you are happy for the Courts (at your expense) to decide where you live, who you see, what you eat, whether your religious or other concerns are ignord, then maybe you don’t need one. I feel so strongly that they are essential that I only charge a modest amount for the second LPA.
When should I get my Lasting Powers of Attorney?
Once you reach 18, your parents have no legal right to make finance or welfare decisions for you, should you be unable to, the Court of Protection takes over their rights – even if you get married.
So, in an ideal world, you would set up your LPAs on your 18th birthday, and review them as life changes.